Our client was detained and placed in Villawood Immigration detention centre are living unlawfully in Australia for a period of four years. He was deported shortly after his detention.
We proceeded to apply for a Partner visa based on his long-term relationship with an Australian citizen. However, the Partner visa was never going to be an easy option, as we had to convince the Department of Immigration there were compelling reasons for approving our client’s visa as a result of his unlawful residence and forced removal from Australia.
Partner visa applicants who are forcibly removed under Section 198 of the Migration Act need to satisfy Special Return Criterion 5002.
Special Return Criterion 5002 requires that applicants who are removed under s198 of the Migration Act demonstrate compelling reasons affecting the interests of an Australian citizen or Permanent Resident for granting our clients visa within twelve months of deportation.
Due to the highly sensitive nature of the compelling reasons we articulated to the Australian Embassy, we are not going to publish details associated with our client’s compelling reasons.
Notwithstanding the above, general scenarios that may be considered as compassionate and/or compelling include:
- a business operated by an Australian citizen would have to close down because it lacked the specialist skills required to carry out the business
- civil proceedings instigated by an Australian permanent resident would be jeopardised by the absence of the non-citizen witness or
- an eligible New Zealand citizen would be unable to finalise legal and property matters associated with divorce proceedings without the physical presence of the non-citizen in Australia.
- family members in Australia would be left without financial or emotional support
- family members in Australia would be unable to properly arrange a relative’s funeral in Australia or
- a parent in Australia would be separated from their child (for example, if the child was removed with their non-resident parent and is therefore subject to an exclusion period).
We carefully drafted a submission which addressed both the Partner visa requirements and Special Return Criterion 5002.
We are pleased to confirm that our client’s application for a Subclass 309 (Partner) visa was approved and that he has since been reunited with his partner in Australia.